News from May 2017

Quality control manager says Eisai health research firm fired him for reporting misconduct

By Louie Torres | May 11, 2017

PHILADELPHIA — An individual is suing Eisai Inc., a New Jersey health care research corporation, citing alleged breach of contract, retaliation and wrongful termination for reporting wrongdoing.

Woman claims Caring Matters Home Care violated her FMLA rights

By Louie Torres | May 11, 2017

PHILADELPHIA — An employee is suing Caring Matters Home Care, citing alleged unpaid wages, violation of the Family and Medical Leave Act and violation of Workers' Compensation acts.

Former VP says ABRA Auto Body & Glass owes six months' salary for severance

By Louie Torres | May 11, 2017

PHILADELPHIA — An individual is suing ABRA Auto Body & Glass LP, citing alleged breach of contract.

Home shopping company sues former executive for taxes owed stemming from China-based job

By Louie Torres | May 11, 2017

PHILADELPHIA — A home shopping corporation is suing James Clarke, a former executive, citing alleged breach of contract for a dispute over taxes.

Superior Court rejects Honda’s call for new trial in $55M case

By David Hutton | May 11, 2017

PHILADELPHIA — A Pennsylvania appeals court has rejected American Honda Motor Co.’s motion for a new trial after a lower court’s jury awarded $55.3 million in damages to Carlos Martinez, who was paralyzed in an accident in a Honda vehicle.

Inmate's religious freedom allegation over less choir practice thrown out; Dissenting judge says case not frivolous

By Karen Kidd | May 11, 2017

HARRISBURG — A prison inmate's allegations that Pennsylvania Department of Correction officials are infringing on his religious practices were upheld as frivolous by the Pennsylvania Commonwealth Court in a 2-1 ruling handed down May 1.

Couple's appeal against Deutsche Bank thrown out because of late response

By Tabitha Fleming | May 11, 2017

PHILADELPHIA — Timely appeals are still necessary regardless of the underlying facts, according to a non-precedential ruling from the Pennsylvania Superior Court.

Superior Court affirms dismissal of wrongful termination case against Nova Chemicals

By Sara McCleary | May 11, 2017

PITTSBURGH — The state Superior Court has found that the Court of Common Pleas of Allegheny County was correct in dismissing Joseph Gross’s wrongful termination case against Nova Chemicals Services.

New trial ordered after jurors googled litigant's past

By Chandra Lye | May 12, 2017

HARRISBURG — The state Superior Court recently affirmed a decision by a trial court to allow a new trial to proceed in a dispute that involves jurors accessing information that was not permitted by the court.

Third Circuit dismisses case of former Philly police officer who claimed lack of reinstatement was racially motivated

By Nicholas Malfitano | May 12, 2017

PHILADELPHIA – A federal appeals court panel has affirmed the dismissal of a case from a former member of the Philadelphia Police Department, who believed he was both wrongfully terminated and his attempt for reinstatement refused under racially discriminatory pretenses.

Action claiming lawnmower severely injured plaintiff may soon be dismissed from Philadelphia court

By Nicholas Malfitano | May 12, 2017

PHILADELPHIA – A product liability action alleging a lawnmower malfunctioned and maimed a plaintiff may soon be dismissed from the Philadelphia County Court of Common Pleas.

Lawyer denied fees from settlement after client switched firms

By Chandra Lye | May 12, 2017

HARRISBURG — The state Commonwealth Court recently upheld a decision by the Workers’ Compensation Appeal Board that denied a contingent fee on a settlement that was rejected by a claimant.

Former USAir flight attendant loses appeal in legal malpractice case

By Dee Thompson | May 12, 2017

A former flight attendant for USAir, after years of battling in court to receive disability benefits, has lost her legal malpractice case against the attorneys who formerly represented her.

When rules defy common sense

By The Pennsylvania Record | May 15, 2017

Thinking – taking everything into consideration – seems like a no-brainer: something every employer would want employees to do, something every teacher would want students to learn how to do.

Woman holds Bayer, Merck responsible for negative side effects of Avelox

By Louie Torres | May 15, 2017

PHILADELPHIA — A Hawaii woman is suing drugmakers Bayer and Merck alleging breach of warranty, fraud, liability, negligence and negligent misrepresentation.

Phoenixville couple claim Stryker hip implant failed

By Louie Torres | May 15, 2017

PHILADELPHIA — A husband and wife are suing Howmedica Osteonics Corporation d/b/a Stryker Orthopaedics, a New Jersey corporation, citing alleged design defect, negligence and product liability for a faulty hip implant.

C&S Wholesale says former employee breached employment contract

By Louie Torres | May 15, 2017

PHILADELPHIA — A New Hampshire grocery wholesaler and its subsidiary are suing Matthew Saunders, a former executive with the plaintiffs, citing alleged breach of contract.

Son sues medical transport company for father's death en route to Philadelphia

By Louie Torres | May 15, 2017

PHILADELPHIA — An estate administrator is suing Air Critical Care LLC d/b/a ACC Medlink, a Florida company, alleging insufficient measures were taken to prevent injuries and negligence.

Cottrill's Pharmacy sues Aetna for allegedly falsely claiming it would cover medical treatment

By Louie Torres | May 15, 2017

PHILADELPHIA — A pharmacy is suing Aetna Inc., various of its business entities and Guy Carpenter & Company LLC, citing alleged breach of contract and unjust enrichment.

Aetna allegedly denied man's benefits claim despite plaintiff's evidence

By Louie Torres | May 15, 2017

PITTSBURGH — An Westmoreland County man is suing Pennsylvania Transformer Technology Inc. Health & Welfare Plan and Aetna Life Insurance Company, citing alleged breach of contract for denying his health benefits claim.

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